Gun laws in American Samoa

Location of American Samoa in relation to the continental United States

Gun laws in American Samoa regulate the sale, possession, and use of firearms and ammunition in the unincorporated territory of American Samoa. As American Samoa is an unincorporated territory of the United States, many U.S. federal laws apply, as well as Constitutional rulings and protections.[1][2]

Summary table

Subject/Law Long guns Handguns Relevant statutes Notes
Permit to purchase? Yes N/A A license is required to purchase long guns or ammunition. Handguns are prohibited for civilian possession despite D.C. v Heller and McDonald v Chicago.
Firearm registration? Yes Yes All firearms must be registered with the American Samoa Public Safety Department.
Assault weapon law? Yes Yes Assault weapons and .50 BMG rifles prohibited.
Magazine capacity restriction? Yes Yes
Carry permits issued? No No The territory does not issue concealed carry permits.
Open carry? No No Open carry is prohibited.
NFA weapons restricted? Yes Yes Automatic firearms are prohibited.
Peaceable journey laws? No No Federal law (FOPA) applies.

Licensing Process

American Samoa has a very stringent and restrictive licensing process necessary in order to purchase a firearm in American Samoa. A person has to be 21 to get a weapons license along with several other requirements. A person who wants to obtain a license to possess a firearm must provide genuine reason why the firearm may be required. The applicant must provide signed affidavits testifying to their good character and their stated need for each firearm from the village mayor, county chief, and the police. The most commonly accepted reasons for ownership are plantation protection and hunting but ownership for self-defense is prohibited and not accepted as a legitimate reason for a license. The police must approve any transfer of a firearm between persons.[3]

Prohibited Firearms & Ammunition

All firearms including automatic weapons, semi-automatic assault weapons, and handguns are prohibited from civilian possession. Civilians can only own 12-gauge, 16-gauge, 20-gauge and .410 shotguns, and .22 calibre rifles with a license. They also can only own ammunition for those types of firearms with a license; possession of any other type of ammunition, whether the person has a license or not, is illegal.[4] The ban on handguns is in direct conflict with the decisions in D.C. v Heller and McDonald v Chicago.

References

  1. "American Samoa", Handgunlaw.us. Retrieved August 05, 2014.
  2. "American Samoa Gun Law Guide", Bureau of Alcohol, Tobacco, and Firearms. Retrieved August 05, 2014.
  3. "American Samoa — Gun Facts, Figures and the Law", Gunpolicy.org. Retrieved August 05, 2014.
  4. "American Samoa Firearms Law", American Samoa Territorial Law. Retrieved August 05, 2014.
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